This is a classic 'Laxmikanth Sitter' but with a twist of legal nuance. It tests not just the binary fact (Is it a part? Yes/No) but the *consequence* of that status. The trap lies in distinguishing between 'no legal effect' (Option A) and 'no independent legal effect' (Option D).
How this question is built
This question can be broken into the following sub-statements.
Tap a statement sentence to jump into its detailed analysis.
Statement 1
Is the Preamble to the Constitution of India a part of the Constitution and does it have no legal effect?
Origin: Direct from books
Fairness: Straightforward
Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > 1 AMENDABILITY OF l THE PREAMBLE > p. 48
Presence: 5/5
“The question as to whether the Preamble can be amended under Article 368 of the Constitution arose for the first time in the historic KesavoluN case (1973). It was urged that the Preamble cannot be amended as it is not a part of the Constitution. The petitioner contended that the amending power in Article 368 cannot be used to destroy or damage the basic elements or the fundamental features of the Constitution, which are enshrined in the Preamble. The Supreme Court, however, held that the Preamble is a part of the Constitution. The Court stated that the opinion tendered by it in the Berubari Union (1960) in this regard was wrong, and held that the Preamble can be amended, subject to the condition that no amendment is done to the 'basic features'.”
Why this source?
- Directly records the Kesavananda Bharati (1973) decision that the Preamble is a part of the Constitution.
- States the Court overruled its earlier view and held the Preamble can be amended (implying constitutional status).
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 3: THE PHILOSOPHY OF THE CONSTITUTION > EVERY Constitution has a philosophy of its own. > p. 22
Presence: 4/5
“The importance and utility of the Preamble has been pointed out in several decisions of our Supreme Court. Though, by itself, it is not enforceable in a court of law,<sup>3</sup> the Preamble to a written Constitution states the objects which the Constitution seeks to establish and promote and also aids the legal interpretation of the Constitution where the language is found to be ambiguous. The Preamble to our Constitution serves, two purposes: • (a) it indicates the source from which the Constitution derives its authority;• (b) it also states the objects which the Constitution seeks to establish and promote. As has been already explained, the Constitution of India, unlike the preceding Government of India Acts, is not a gift of the British.”
Why this source?
- Expressly says the Preamble is not enforceable in a court of law (i.e., not independently justiciable).
- Also describes the Preamble as stating objectives and aiding interpretation, distinguishing enforceability from interpretative role.
Statement 2
Is the Preamble to the Constitution of India not a part of the Constitution and does it have no legal effect?
Origin: Weak / unclear
Fairness: Borderline / guessy
Indirect textbook clues
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 3: THE PHILOSOPHY OF THE CONSTITUTION > EVERY Constitution has a philosophy of its own. > p. 22
Strength: 5/5
“The importance and utility of the Preamble has been pointed out in several decisions of our Supreme Court. Though, by itself, it is not enforceable in a court of law,<sup>3</sup> the Preamble to a written Constitution states the objects which the Constitution seeks to establish and promote and also aids the legal interpretation of the Constitution where the language is found to be ambiguous. The Preamble to our Constitution serves, two purposes: • (a) it indicates the source from which the Constitution derives its authority;• (b) it also states the objects which the Constitution seeks to establish and promote. As has been already explained, the Constitution of India, unlike the preceding Government of India Acts, is not a gift of the British.”
Why relevant
Explains a doctrinal distinction: the Preamble 'is not enforceable in a court of law' but 'aids the legal interpretation' and indicates objectives and source of authority.
How to extend
A student could use this rule to test whether 'no legal effect' means non‑justiciability (not enforceable) rather than non‑influence on interpretation, by checking judicial uses of the Preamble.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > 1 AMENDABILITY OF l THE PREAMBLE > p. 48
Strength: 5/5
“The question as to whether the Preamble can be amended under Article 368 of the Constitution arose for the first time in the historic KesavoluN case (1973). It was urged that the Preamble cannot be amended as it is not a part of the Constitution. The petitioner contended that the amending power in Article 368 cannot be used to destroy or damage the basic elements or the fundamental features of the Constitution, which are enshrined in the Preamble. The Supreme Court, however, held that the Preamble is a part of the Constitution. The Court stated that the opinion tendered by it in the Berubari Union (1960) in this regard was wrong, and held that the Preamble can be amended, subject to the condition that no amendment is done to the 'basic features'.”
Why relevant
Connects amendability to constitutional status: the Kesavananda case treated the Preamble as part of the Constitution and held it can be amended subject to basic features.
How to extend
A student could check whether a provision amendable under Article 368 is necessarily 'part of the Constitution' to assess the claim that the Preamble is not part.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > PREAMBLE AS PART OF THE CONSTITUTION > p. 47
Strength: 4/5
“51. • 16 Reference by the President of India (1960) under Article 143 of the Constitution on the implementation of the Ind~Pakistan agreement of 1958 provisions in the Constitution, and is thus a key to the minds of the makers of the Constitution. Further, where the terms used in any article are ambiguous or capable of more than one meaning, some assistance at interpretation may be taken from the objectives enshrined in the Preamble. Despite this recognition of the significance of the Preamble, the Supreme Court specifically opined that Preamble is not apart of the Constitution. In the Kesaval1anda Blwrati case (1973), the Supreme Court rejected earlier opinion and held that Preamble is a part of the Constitution.”
Why relevant
Summarises conflicting judicial positions: earlier opinion said Preamble not part, but Kesavananda overruled to hold it is part—showing legal status has been disputed and evolved.
How to extend
A student could trace the chronology of court decisions (e.g., Berubari, Kesavananda) to see how the 'part' question was resolved and what that implies for legal effect.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > Preamble of the Constitution > p. 42
Strength: 4/5
“The American Constitution was the first to begin with a Preamble. Many countries, including India, followed this practice. The term 'Preamble' refers to the introduction or preface to the Constitution. It contains the summary or essence of the Constitution. N.A. Palkhivala, an eminent jurist and constitutional expert, called the Preamble as the 'identity card of the Constitution.' The Preamble to the Indian Constitution is based on the 'Objectives Resolution', drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly extsuperscript {1}. It has been amended by the 42nd Constitutional Amendment Act (1976), which added three new words-Socialist, Secular and Integrity.”
Why relevant
Defines Preamble as the 'identity card' and notes it was amended (42nd Amendment added words), linking substantive content and amendment history to constitutional significance.
How to extend
A student could infer that because it was amended, the Preamble exercises substantive influence and then check whether amendment practice implies legal status.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 760 P Indian Polity > p. 759
Strength: 3/5
“One common agreement between Gandhism and Marxism is • (a) the final goal of a stateless Society • (b) class struggle • (c) abolition of private property • (d) economic determinism • 15. The Preamble to the Constitution of India is • (a) a part of the Constitution but has no legal effect • (b) not a part of the Constitution and has no legal effect either • (c) a part of the Constitution and has the same legal effect as any other part • (d) a part of the Constitution but has no legal effect independently of other parts 16.”
Why relevant
Presents multiple possible textbook answer-choices including 'a part but has no legal effect' and 'not a part and has no legal effect', showing common confusion and presenting alternate doctrinal positions.
How to extend
A student could use these contrasting formulations to distinguish 'part of Constitution' from 'has independent legal effect' and investigate which is supported by case law/articles.
Statement 3
Is the Preamble to the Constitution of India a part of the Constitution and does it have the same legal effect as any other part of the Constitution?
Origin: Direct from books
Fairness: Straightforward
Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > PREAMBLE AS PART OF THE CONSTITUTION > p. 47
Presence: 5/5
“It observed that the Preamble is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble. In the LIC of India case (1995) also, the Supreme Court again held that the Preamble is an integral part of the Constitution. Like any other part of the Constitution, the Preamble was also enacted by the Constituent Assembly; but after the rest of the Constitution was already enacted. The reason for inserting the Preamble at the end was to ensure that it was in conformity with the Constitution as adopted by the Constituent Assembly.”
Why this source?
- Explicitly records the Supreme Court's view that the Preamble is an integral/part of the Constitution.
- Notes the Preamble was enacted by the Constituent Assembly and must be used to read and interpret the Constitution.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > 1 AMENDABILITY OF l THE PREAMBLE > p. 48
Presence: 5/5
“The question as to whether the Preamble can be amended under Article 368 of the Constitution arose for the first time in the historic KesavoluN case (1973). It was urged that the Preamble cannot be amended as it is not a part of the Constitution. The petitioner contended that the amending power in Article 368 cannot be used to destroy or damage the basic elements or the fundamental features of the Constitution, which are enshrined in the Preamble. The Supreme Court, however, held that the Preamble is a part of the Constitution. The Court stated that the opinion tendered by it in the Berubari Union (1960) in this regard was wrong, and held that the Preamble can be amended, subject to the condition that no amendment is done to the 'basic features'.”
Why this source?
- Describes Kesavananda (1973) holding that the Preamble is a part of the Constitution.
- Explains the Court held the Preamble can be amended under Article 368 (subject to preservation of basic features), implying constitutional status.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 3: THE PHILOSOPHY OF THE CONSTITUTION > EVERY Constitution has a philosophy of its own. > p. 22
Presence: 5/5
“The importance and utility of the Preamble has been pointed out in several decisions of our Supreme Court. Though, by itself, it is not enforceable in a court of law,<sup>3</sup> the Preamble to a written Constitution states the objects which the Constitution seeks to establish and promote and also aids the legal interpretation of the Constitution where the language is found to be ambiguous. The Preamble to our Constitution serves, two purposes: • (a) it indicates the source from which the Constitution derives its authority;• (b) it also states the objects which the Constitution seeks to establish and promote. As has been already explained, the Constitution of India, unlike the preceding Government of India Acts, is not a gift of the British.”
Why this source?
- States the Preamble is not by itself enforceable in a court of law, i.e., it does not create directly justiciable rights.
- Describes the Preamble's role as stating objectives and aiding interpretation when constitutional language is ambiguous.
Statement 4
Is the Preamble to the Constitution of India a part of the Constitution but without independent legal effect apart from other parts of the Constitution?
Origin: Direct from books
Fairness: Straightforward
Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > 1 AMENDABILITY OF l THE PREAMBLE > p. 48
Presence: 5/5
“The question as to whether the Preamble can be amended under Article 368 of the Constitution arose for the first time in the historic KesavoluN case (1973). It was urged that the Preamble cannot be amended as it is not a part of the Constitution. The petitioner contended that the amending power in Article 368 cannot be used to destroy or damage the basic elements or the fundamental features of the Constitution, which are enshrined in the Preamble. The Supreme Court, however, held that the Preamble is a part of the Constitution. The Court stated that the opinion tendered by it in the Berubari Union (1960) in this regard was wrong, and held that the Preamble can be amended, subject to the condition that no amendment is done to the 'basic features'.”
Why this source?
- Records Kesavananda Bharati (1973) holding that the Preamble is a part of the Constitution.
- States the Preamble can be amended under Article 368, subject to protection of the Constitution's basic features.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 3: THE PHILOSOPHY OF THE CONSTITUTION > EVERY Constitution has a philosophy of its own. > p. 22
Presence: 5/5
“The importance and utility of the Preamble has been pointed out in several decisions of our Supreme Court. Though, by itself, it is not enforceable in a court of law,<sup>3</sup> the Preamble to a written Constitution states the objects which the Constitution seeks to establish and promote and also aids the legal interpretation of the Constitution where the language is found to be ambiguous. The Preamble to our Constitution serves, two purposes: • (a) it indicates the source from which the Constitution derives its authority;• (b) it also states the objects which the Constitution seeks to establish and promote. As has been already explained, the Constitution of India, unlike the preceding Government of India Acts, is not a gift of the British.”
Why this source?
- Explicitly notes the Preamble is not enforceable in a court of law (i.e., lacks independent justiciable effect).
- Describes the Preamble as stating constitutional objectives and as an aid to interpretation rather than a source of enforceable rights.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > PREAMBLE AS PART OF THE CONSTITUTION > p. 47
Presence: 4/5
“51. • 16 Reference by the President of India (1960) under Article 143 of the Constitution on the implementation of the Ind~Pakistan agreement of 1958 provisions in the Constitution, and is thus a key to the minds of the makers of the Constitution. Further, where the terms used in any article are ambiguous or capable of more than one meaning, some assistance at interpretation may be taken from the objectives enshrined in the Preamble. Despite this recognition of the significance of the Preamble, the Supreme Court specifically opined that Preamble is not apart of the Constitution. In the Kesaval1anda Blwrati case (1973), the Supreme Court rejected earlier opinion and held that Preamble is a part of the Constitution.”
Why this source?
- Explains the Supreme Court earlier took the view that the Preamble was not part of the Constitution but later in Kesavananda reversed that position.
- Emphasises the Preamble's role as a key to the makers' intent and a tool for interpreting ambiguous articles.
Pattern takeaway:
UPSC is moving from 'What is it?' to 'What does it imply?'. They test the functional application of constitutional provisions. Options A and D are very close; the differentiator is legal precision found in standard text commentaries.
How you should have studied
- [THE VERDICT]: Sitter. Direct hit from Laxmikanth Chapter 5 (Preamble) and D.D. Basu. If you read the 'Significance' section, you solve this.
- [THE CONCEPTUAL TRIGGER]: The evolution of Supreme Court judgments regarding the Preamble (Berubari Union 1960 vs. Kesavananda Bharati 1973).
- [THE HORIZONTAL EXPANSION]: Memorize the Trilogy: Berubari (Not part) → Kesavananda (Part) → LIC of India (Integral Part). Key attributes: 1) Non-justiciable (not enforceable in courts). 2) Neither a source of power to legislature nor a prohibition. 3) Can be amended (Art 368) subject to Basic Structure. 4) Enacted *after* the rest of the Constitution.
- [THE STRATEGIC METACOGNITION]: Don't stop at 'It is a part'. Ask 'So what?'. The legal implication is that while it cannot be enforced alone (like a Fundamental Right), it is used to resolve ambiguity in other Articles. The preparation logic is: Status → Justiciability → Utility.
Concept hooks from this question
👉 Kesavananda Bharati precedent on the Preamble
💡 The insight
Kesavananda Bharati (1973) affirmed that the Preamble is part of the Constitution and can be amended under Article 368.
This is a core constitutional law precedent frequently tested in UPSC; it links to basic structure doctrine, amendment power, and interpretation questions. Mastering this enables answering questions on constitutional status and judicial review.
📚 Reading List :
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > 1 AMENDABILITY OF l THE PREAMBLE > p. 48
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > PREAMBLE AS PART OF THE CONSTITUTION > p. 47
🔗 Anchor: "Is the Preamble to the Constitution of India a part of the Constitution and does..."
👉 Preamble: interpretative role vs. enforceability
💡 The insight
The Preamble is described as stating constitutional objectives and aiding interpretation while not being independently enforceable in court.
High-yield for questions distinguishing justiciability from interpretative value; connects to Fundamental Rights interpretation and judicial powers. Helps answer questions on legal effect and practical utility of constitutional preambles.
📚 Reading List :
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 3: THE PHILOSOPHY OF THE CONSTITUTION > EVERY Constitution has a philosophy of its own. > p. 22
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > PREAMBLE AS PART OF THE CONSTITUTION > p. 47
🔗 Anchor: "Is the Preamble to the Constitution of India a part of the Constitution and does..."
👉 Amendability of the Preamble and limits
💡 The insight
The Preamble can be amended under Article 368, subject to protection of the Constitution's basic features.
Important for essay and polity mains questions on amendment power and basic structure doctrine; links to debates on what aspects are inviolable and how amendments interact with foundational text.
📚 Reading List :
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > 1 AMENDABILITY OF l THE PREAMBLE > p. 48
🔗 Anchor: "Is the Preamble to the Constitution of India a part of the Constitution and does..."
👉 Legal status of the Preamble (Part of the Constitution)
💡 The insight
The question hinges on whether the Preamble is constitutionally part of the text or external to it.
High-yield because many questions ask whether the Preamble is part of the Constitution and how courts have ruled on it; mastering this clarifies doctrinal shifts and links to landmark judgments and amendment law. This concept connects to constitutional interpretation, judicial review, and amendment powers.
📚 Reading List :
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > PREAMBLE AS PART OF THE CONSTITUTION > p. 47
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > 1 AMENDABILITY OF l THE PREAMBLE > p. 48
🔗 Anchor: "Is the Preamble to the Constitution of India not a part of the Constitution and ..."
👉 Preamble's enforceability versus interpretive value
💡 The insight
Distinguishes the Preamble's non-justiciability as a source of enforceable rights from its role as an aid to interpreting ambiguous provisions.
Important for answering questions on justiciability and remedies (e.g., Article 32) and for analysing how courts use non-operative parts of the Constitution; helps tackle fact-based judicial interpretation and rights-based questions in mains and interview.
📚 Reading List :
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 3: THE PHILOSOPHY OF THE CONSTITUTION > EVERY Constitution has a philosophy of its own. > p. 22
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > PREAMBLE AS PART OF THE CONSTITUTION > p. 47
🔗 Anchor: "Is the Preamble to the Constitution of India not a part of the Constitution and ..."
👉 Amendability of the Preamble and the 'basic features' test
💡 The insight
Whether the Preamble can be amended is tied to Article 368 and the doctrine that certain core features cannot be destroyed.
Crucial for understanding the intersection of amendment powers and the basic structure doctrine; equips aspirants to discuss Kesavananda-type issues and limits on parliamentary power in both prelims and mains essays/answers.
📚 Reading List :
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > 1 AMENDABILITY OF l THE PREAMBLE > p. 48
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > PREAMBLE AS PART OF THE CONSTITUTION > p. 47
🔗 Anchor: "Is the Preamble to the Constitution of India not a part of the Constitution and ..."
👉 Preamble as a constitutional part
💡 The insight
The Preamble is judicially recognised as an integral part of the Constitution and was enacted by the Constituent Assembly.
High-yield for constitutional law questions: explains constitutional status, links to amendment and interpretation debates, and is tested in questions on basic structure and constituent power.
📚 Reading List :
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > PREAMBLE AS PART OF THE CONSTITUTION > p. 47
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > 1 AMENDABILITY OF l THE PREAMBLE > p. 48
🔗 Anchor: "Is the Preamble to the Constitution of India a part of the Constitution and does..."
The Preamble was enacted by the Constituent Assembly *after* the entire Constitution was already enacted to ensure it was in conformity with the Constitution. This chronological fact is a potential future statement.
Use the 'Uselessness Test'. If Option A ('No legal effect') were true, the Preamble would be legally ornamental and useless. In law, every word in a statute is presumed to have a purpose. Option D ('No legal effect independently') assigns it a purpose (interpretive aid) without making it a standalone law. Always choose the option that gives the text a function rather than rendering it void.
Links to GS-2 (Basic Structure Doctrine). The Preamble contains the 'Basic Features' (Secularism, Republic, etc.) which limits the amending power of Parliament under Article 368. It is the bridge between the text of the Constitution and the intent of the makers.